AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN

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PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

  
  
   

 

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ISSUES INDEX NUMBER

 

 

 

 

 

 

A94,53, A92.37 A67.10 1 | ORDER APPOINTING THE BOARD
3 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
10 JUL 03 FD2003-00039 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
REMARKS

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

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SIGNATURE OF RE CORD, eet ale Fy SIGNATURE OF BOARD PRESIDENT

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SAF/MIBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742 1535 COMMAND DR, FE WING, 3°? FLOOR

 

 

ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used,
CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | ¢p9903-00039

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity
or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for minor disciplinary infractions. He had six Records and Letters of
Individual Counseling, seven Letters of Reprimand, and an Unfavorable Information file. Member also had
one Enlisted Performance Report rated an overall referral “2.” In a 19-month period, his misconduct
included being late for work or missing appointments at least eleven times, sleeping on duty, speeding on
base, and failure to report and remain at the scene of a motor vehicle accident in which he caused property
damage. At the time of the discharge, after consulting counsel, member submitted a statement requesting
retention, or in the alternative, a fully honorable discharge. The Board noted that member was age 19 to 21
when his offenses occurred, the same age as other airmen who adhere to expected standards. He was
counseled repeatedly in an effort to help him correct his deficiencies. In spite of those rehabilitative efforts,
he was unable or unwilling to conform his behavior to that expected of him. The Board concluded he was
mature, he knew right from wrong, and was responsible for his actions, and therefore was held accountable
for them. No inequity or impropriety was found in this discharge in the course of the records review.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. The
Board noted that applicant signed a statement (DD Form 2366, on September 13, 1996) that he understood
he must receive an Honorable discharge to receive future educational entitlements. While the Board was
sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of equity or
propriety that warrants an upgrade.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the
procedural and substantive requirements of the discharge regulation and was within the discretion of the

discharge authority and that the applicant was provided full administrative due process.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for
upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment:
Examiner's Brief
FD2003-00039
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

= (Former A1C) (HGH A1C)

1. MATTER UNDER REVIEW: Appl rec’d a GEN Disch fr USAF 3 Mar 99 UP AFI 36-3208,
para 5.49 (Misconduct - Minor Disciplinary Infractions). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 11 Dec 77. Enlmt Age: 18 6/12. Disch Age: 21 2/12. Educ: HS DIPL.
AFQT: N/A. A-56, E-74, G-64, M-S0. PAFSC: 2E131 - Satellite & Wideband
Communications Equipment Apprentice. DAS: 5 Jun 97.

b. Prior Sv: (1) AFRes 3 Jul 96 - 27 Aug 96 (1 month 25 days) (Inactive) .
3. SERVICE UNDER REVIEW:

a. Enlisted as AlC 28 Aug 96 for 4 yrs. Svd: 2 Yrs 6 Mo 4 Das, all AMS.
b. Grade Status: None.

c. Time Lost: None.

d. Art 15’s: None.

e. Additional: LOR, 03 FEB 99 ~- Absent without leave.

Traffic Ticket, 1 FEB 99 - Failure to remain at the scene
of an accident where he caused
damage.

LOR, 28 OCT 98 - Failure to obey speeding limit.

LOR, 05 OCT 98 - Numerous infractions of tardiness.

RIC, 25 AUG 98 - Late for work.

LOR, 09 JUN 98 ~-. Failure to complete Volumn 1 of Career

Development Course.

RIC, 26 MAY 98 - Late for work.

RIC, 12 MAY 98 - Late for work.

LOR, 16 MAR 98 - Asleep on duty.

RIC, 26 JAN 98 - Failure to return to work after

appointment .

LOR, 25 SEP 97 - Failure to show for a mandatory formation.

RIC, 04 SEP 97 ~- Missed appointment.

RIC, 31 JUL 97 - Late for work.

f. CM: None.

g. Record of SV: 28 Aug 96 - 15 Jan 98 Hill AFB 4 (HAF Dir)
16 Jan 98 ~ 15 Jan 99 Hill AFB 2 (Annual) REF
FD2003-00039

(Discharged from Hill AFB)

h. Awards & Decs: AFTR,

i. Stmt of Sv: TMS: (2) Yrs (8) Mos (1) Das
TAMS: (2) Yrs (6) Mos (4) Das

4. BASIS ADVANCED FOR REVIEW: " Appln (DD Fm 293) dtd 10 Jan 03.
(Change Discharge to Honorable) ,

Issue 1: I request that my discharge characterized as General (Under
Honorable Conditions) be changed to Honorable. I need this in order to qualify

for VA benefits such as the Montgomery GI Bill. Please refer to the attached
decumentation.

ATCH

. Applicant's Issues.

- Memo, 22 Feb 99, Debarment from Hill AFB, UT.
Response to Notification Letter, 15 Feb 99.

. Upgrade Request, 2 Mar 99.

. Award/Change AFSC.

Enlisted Performance Report.

Letter of Commendation, 24 Apr 97.

. Award Certificate.

DD Form 214.

word AM PWN

20MARO03/ia
(Mi ere tatiana ea eee Te ae eos

200 3-008 7
© a

DEPARTMENT OF THE AIR FORCE
HEADQUARTERS 388™ FIGHTER WING (ACC)
HILL AIR FORCE BASE, UTAH

 

/° F2g 19

FROM: 729 ACS/CC
SUBJECT: Notification Letter

1. Iam recommending your discharge from the United States Air Force for minor disciplinary
infractions. The authority for this action is AFPD 36-32 and AFI 36-3208, paragraph 5.49. If my
recommendation is approved, your service will be characterized as honorable or general. I am
recommending your service be characterized as general.

2. My reasons for this action are:

a. On or about 27 January 1999, you failed to return from lunch at the appropriate time. On
or about 01 February 1999, you were involved in a traffic accident. You received a traffic ticket
for failure to remain at the scene of an accident and for failure to notify the owner of collision
with unattended property. For these instances of misconduct, you received a letter of reprimand.
(LOR), dated 03 February 1999. (Atch 1a)

b. On or about 19 October 1998, you were cited for speeding on base at 16 miles per hour
over the posted speed limit. For this misconduct you received an LOR, dated 28 October 1998,

which was placed in your existing unfavorable information file (UIF) on 03 November 1998.
(Atch 1b)

c. On or about 24 September 1998, you reported to work late. Further investigation
revealed that you had numerous other infractions of tardiness. For this misconduct, you received
an LOR, dated 05 October 1998, which was place in your existing UIF on 03 November 1998. .

(Atch Ic)

d. On 25 August 1998, you received a letter of counseling (LOC) for failing to report for
duty at the time directed. (Atch 1d)

e. Between on or about 13 March 1998 and 08 June 1998, you failed to.complete volume 1
of your Career Development Course after being given several extensions. For this misconduct,

you received an LOR, dated 09 June 1998. (Atch le)

f. On or about 02 May 1998, you failed to report for duty at the prescribed time. For this
misconduct you received an LOC, dated 26 May 1998. (Atch If)
| | 3-400 37
® q Peace

g. On 12 May 1998, you received an LOC for failing to go to lunch at the proper time after
being verbally counseled about the lunch schedule. (Atch 1g)

h. On or about 05 March 1998, while assigned to guard two M-16 rifles, you were found
asleep in a vehicle in the parking lot at building 845. For this misconduct you received an LOR,
dated 16 March 1998, and a UIF was established on 26 May 1998. (Atch 1h)

i. On or about 26 January 1998, you declined to take the end-of-course exam for your
Career Development Course as scheduled due to nervousness. You then failed to report for
duty. Your supervisor located you in your dormitory room. For this misconduct, you received an
LOC, dated 26 January 1998. (Atch 11)

j. On 25 September 1997, you failed to report for a mandatory formation prior to going on a
temporary duty assignment. For this misconduct you received an LOR, dated 25 September
1997. (Atch 1j)

k. On or about 03 September 1997, you failed to attend a mandatory dental appointment.
For this misconduct you received an LOC, dated 03 September 1997. (Atch 1k)

1. On or about 31 July 1997, you failed to report for duty at the time prescribed. For this
misconduct you received an LOC, dated 31 July 1997. (Atch 11)

3. Copies of the documents to be forwarded to the separation authority in support of this
recommen ation, are attached. The commander exercising SPCM jurisdiction or a higher
authdrity,w ether you will be discharged or retained in the Air Force and if you are discharged,
how your service will be characterized. If you are discharged, you will be ineligible for
reenlistment in the Air Force.

4. You have the right to consult counsel. Military legal counsel has been obtained to assist you.
Ihave made an appointment for you to consult with the Area Defense Counsel, Captain Siam,
at building 1205, on i{ F268 4 at ©7°°. You may consult civilian counsel at your own
expense.

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5. You have the right to submit statements in your’Swn behalf. sAny statements you want the
separation authority to consider must reach me by [f3* 16 67 ’unless you request and receive an |
extension for good cause shown. I will send them to the separation authority.

6. If you fail to consult counsel or to submit statements in your own behalf, your failure will
constitute a waiver of your right to do so.

7. You have been scheduled for a medical examination. You must report to the physical exam
section of the base hospital on jt €¢8 77, between 1300 and 1500 for the examination.
_ Fp ZZ
“4
a
a 8. . Any personal information you furnish in rebuttal is covered by the Privacy Act of 1974. A

copy of AFI 36-3208 is available for your use in the unit orderly room.

 

Commander —

Attachments:
l. a. LOR, dtd 03 Feb 99/Traffic ticket, dtd 01 Feb 99/Re sponse
LOR, dtd 28 Oct 98/Traffic ticket, dtd 19 Oct 98
LOR, dtd 05 Oct 98/AF Form 1058, dtd 02 Nov 98
LOC, dtd 25 Aug 98
LOR, dtd 09 Jun 98/Response
LOC, dtd 26 May 98/Response
LOR, dtd 16 Mar 98/AF Form 1058, dtd 26 May 98
LOC, dtd 26 Jan 98
ther Documentation--Nonrecommendation for Promotion, dtd 25 Nov 98

irman’s Receipt of Notification Letter

Ormmpans

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